- (1.) Heard Sri Pankaj Agarwal, learned counsel for the petitioners and Sri Prateek Sinha, learned counsel for the respondents (first set).
(2.) This writ petition has been filed praying for the following relief: "(i) to issue a writ, order or direction in the nature of certiorari quashing the impugned judgment and order dated 15.02.2016 passed by learned Additional District Judge, Court No.16, Kanpur Nagar in Rent Control Appeal No.133 of 2011 and dismiss the release application. (ii) to issue a writ, order or direction in the nature of mandamus commanding the respondent No.1 not to dispossess the petitioners from the accommodation in question in pursuance to the impugned judgment and order dated 15.02.2016."
(3.) Sri Pankaj Agarwal, learned counsel for the petitioner-defendant/ tenant submits that the petitioner was the tenant in the premises in question as per findings recorded by the prescribed authority as against the allegation of unauthorised occupant set up by the plaintiff yet the appellate court allowed the appeal of the plaintiff landlord. He further submits that the judgment of the appellate court is not based on appreciation of the findings recorded by the prescribed authority, and therefore, it deserves to be set aside.;